Worksheet 29.1: Title VII of the Civil Rights Act
19. When sexual harassment is between co-workers, the employer generally is liable only if the employer or known about the harassment and failed to take action. Because sexual harassment is part of gender discrimination, it must be based on gender and same-gender harassment barred under Title VII.
1. Knew 2. Should Have 3. And is
17. For an employer to be held liable for a supervisor's sexual harassment of a subordinate, the supervisor normally must take a(n) employment action against the employee. This is defined as a(n) change in employment status. The Ellerth/Faragher defense allows an employer to decrease or eliminate liability if the employer took care to prevent and correct the behavior and if the plaintiff failed to take advantage of any employer-provided opportunities to avoid the harm.
1. Tangible 2. Substantial 3. Reasonable 4. Unreasonably
6. Title VII applies to employers with at least how many employees?
15
11. In addition to Title VII, victims of racial discrimination may also have a cause of action under
42 U.S.C. sec 1981
13. To succeed in a suit for gender discrimination, a plaintiff must demonstrate that gender was a factor in the employment decision.
Determining
Employment discrimination
Discrimination against a class of employees or potential employees based on a particular trait. Certain traits are protected under federal law and cannot be the basis of this unequal treatment.
Disparate-impact discrimination
Discrimination against a class of employees or potential employees that may be unintentional but is the result of a practice or procedure that negatively affects the ability of one group of people to be hired, retained, or promoted.,
The is the federal agency that monitors compliance with Title VII.
EEOC
20. Because sexual harassment includes at least some threat of physical touching, online activities cannot constitute sexual harassment.
F
21. Punitive damages are always awarded to successful plaintiffs in sexual harassment claims because in order to win, the plaintiff must show at least negligence by the employer in handling the situation.
F
Disparate-treatment discrimination
Intentional discrimination against a class of employees or potential employees based on a trait that is protected under federal law.,
Employers are not allowed to discriminate based on certain protected traits. Employees or potential employees who share those traits are part of a class.
Protected
10. When labor practices discriminate against those persons who are in the traditional majority, it is sometimes called discrimination.
Reverse
15. Constructive discharge occurs when an employer causes the employee's working conditions to be so intolerable that a reasonable person in the employee's position would feel compelled to quit.
T
18. In a retaliation claim, an individual asserts harm was suffered as a result of making a Title VII complaint, or testifying or participating in an investigation or proceeding.
T
7. In 2011, the U.S. Supreme Court limited the rights of employees to bring discrimination claims against their employers as a group in the form of a class action.
T
One way for a plaintiff to prove disparate impact discrimination is:
a. by comparing the employer's workforce to the pool of qualified individuals available in the local market.
1. Federal legislation, judicial decisions, and administrative agency actions prohibit employers from discriminating against workers on the basis of all of the choices except two. Select the two answers that do not constitute illegal discrimination.
c. productivity h. sexual orientation
14. Choose the two laws listed below that are do not relate to gender discrimination.
d. Age Discrimination Act e. Prostate Discrimination Act
4. The most important federal statute prohibiting employment discrimination against members of a protected class is:
d. Title VII of the Civil Rights Act of 1964
Hostile-environment harassment
harassment that occurs when a pattern of sufficiently severe sexually offensive conduct permeates the workplace
Quid pro quo harassment
harassment that occurs when one party demands sexual favors in return for something,
12. Employers cannot treat their employees more or less favorably based on their religious beliefs or practices. Employers must reasonably accommodate employees' sincerely held beliefs, but will not have to make changes that result in a(n) undue hardship for the employer.
in the term
8. In order to show a prima facie case of discrimination under Title VII, the plaintiff must show membership in a protected class, application and qualification for the job in question, rejection by the employer and an inference of discrimination, such as the hiring of a person not in the same protected class, or continuation of the search.
in the term
